Accordo di partnership

This Partner Agreement ("Agreement") is entered into between Tomo Flight Claim ("Tomo Flight Claim", "we", "us") and the referring partner ("Partner", "you"). By registering as a Partner or referring travellers to Tomo Flight Claim, you agree to be bound by this Agreement.

1. Definitions

1.1. "Referral" means a traveller referred to Tomo Flight Claim by the Partner for the purpose of submitting an EU261/2004 flight compensation claim.

1.2. "Successful Claim" means a Referral for which Tomo Flight Claim obtains Flight Compensation from the airline on the traveller's behalf.

1.3. "Flight Compensation" means the monetary compensation paid by an airline under EU Regulation (EC) No 261/2004 or equivalent legislation (e.g. UK261).

1.4. "Partner Commission" means the percentage of the Flight Compensation payable to the Partner for each Successful Claim, as set out in Section 4.

2. Partner Obligations

2.1. The Partner shall refer travellers to Tomo Flight Claim using the Partner's unique referral link, branded subdomain, or the draft-and-invite flow in the Partner dashboard.

2.2. The Partner shall not make false, misleading, or exaggerated representations about Tomo Flight Claim's services, success rates, or compensation amounts.

2.3. The Partner shall ensure that all referred travellers are genuine and have a legitimate basis for a claim. Fraudulent or fabricated referrals will result in immediate termination of this Agreement.

2.4. The Partner is responsible for obtaining any necessary consent from travellers before sharing their personal data with Tomo Flight Claim. All data sharing must comply with the General Data Protection Regulation (GDPR).

3. Tomo Flight Claim Obligations

3.1. Tomo Flight Claim shall process all valid Referrals in accordance with its standard claims procedure, including demand letter, follow-up correspondence, NEB complaint, and ADR escalation where appropriate.

3.2. Tomo Flight Claim shall provide the Partner with access to a dashboard showing the status of all referred claims, including submission date, current status, and settlement details.

3.3. Tomo Flight Claim shall pay the traveller directly. The traveller's relationship is with Tomo Flight Claim, not the Partner, for purposes of claim pursuit and payout.

4. Commission Structure

4.1. The total service fee for partner-referred claims is 25% of the Flight Compensation obtained, deducted before payout to the traveller.

4.2. Of this 25%, the Partner Commission is 10% of the Flight Compensation. The remaining 15% is retained by Tomo Flight Claim.

4.3. The Partner Commission is only payable upon a Successful Claim. If no compensation is obtained, no commission is due.

4.4. Custom commission rates may be agreed in writing between Tomo Flight Claim and the Partner. Any such agreement supersedes the default rates in this section.

5. Payment Terms

5.1. Partner Commissions are settled on a monthly basis. Tomo Flight Claim shall calculate the total commissions due for all Successful Claims settled in the preceding calendar month.

5.2. Payment shall be made via SEPA bank transfer to the IBAN registered in the Partner's account within 14 business days after the end of each calendar month.

5.3. The Partner is responsible for providing accurate and up-to-date bank details. Tomo Flight Claim is not liable for delays or losses resulting from incorrect banking information.

5.4. Tomo Flight Claim shall provide a monthly statement detailing each Successful Claim, the Flight Compensation received, and the Partner Commission payable.

6. White-Label & Branding

6.1. Tomo Flight Claim may provide the Partner with a branded subdomain (e.g. partner.claim261.eu) and customizable branding (logo, colours) for the claim submission interface.

6.2. The Partner shall not remove or obscure Tomo Flight Claim's legal notices, terms of service links, or privacy policy links from any white-labelled pages.

6.3. The Partner grants Tomo Flight Claim a non-exclusive licence to display the Partner's logo and brand name on the white-labelled claim interface for the duration of this Agreement.

7. Data Protection

7.1. Both parties shall comply with the General Data Protection Regulation (EU) 2016/679 ("GDPR") in relation to any personal data processed under this Agreement.

7.2. Tomo Flight Claim acts as the data controller for traveller claim data once a claim is submitted. The Partner acts as the data controller for any traveller data collected before referral.

7.3. The Partner shall not use traveller data obtained through the Partner dashboard for any purpose other than tracking the status of their referred claims.

8. Term & Termination

8.1. This Agreement enters into force upon Partner registration approval and continues indefinitely until terminated by either party.

8.2. Either party may terminate this Agreement by providing 30 days' written notice to the other party via email.

8.3. Tomo Flight Claim may terminate this Agreement immediately if the Partner breaches any material term, including but not limited to fraudulent referrals, misrepresentation of services, or GDPR violations.

8.4. Upon termination, Tomo Flight Claim shall continue to process any claims already submitted and pay any outstanding Partner Commissions for Successful Claims settled after termination.

8.5. Following termination, the Partner's branded subdomain and dashboard access will be deactivated within 7 business days.

9. Liability

9.1. Tomo Flight Claim does not guarantee the success of any claim. The outcome depends on airline responses, regulatory decisions, and the merits of each individual case.

9.2. Tomo Flight Claim's total liability to the Partner under this Agreement shall not exceed the total Partner Commissions paid in the 12 months preceding the event giving rise to the claim.

9.3. Neither party shall be liable for indirect, consequential, or incidental damages arising from this Agreement.

10. Governing Law

10.1. This Agreement is governed by the laws of the Netherlands.

10.2. Any disputes arising from this Agreement shall be submitted to the competent court in Amsterdam, the Netherlands.